HomeMy WebLinkAboutOrdinance 95-21
ORDINANCE NO. 95-21
AN ORDINANCE OF THE CITY OF OCOEE RELATING
TO THE CITY OF OCOEE MUNICIPAL GENERAL
EMPLOYEES' RETIREMENT TRUST FUND; AMENDING
THE DEFINITIONS OF "CREDITED SERVICE" AND
"SALARY"; DELETING THE COMMENCEMENT OF
BENEFITS SECTION; ADDING REVISED PROVISIONS
FOR PURCHASE OF CREDITED SERVICE FOR
SEPARATIONS FROM EMPLOYMENT FOR MILITARY
SERVICE; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING FOR SEVERABILITY OF
PROVISIONS AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,
FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article vm of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. Section 1, Definitions, of the City of Ocoee Municipal General
Employees' Retirement Trust Fund as adopted in Ordinance No. 91-08, and as subsequently
amended, is hereby amended to amend the definitions of "Credited Service" and "Salary"
to read as follows:
Credited Service means the total number of years and fractional parts of years of
service as a General Employee omitting intervening years or fractional parts of years when
such General Employee may not be employed by the City. A General Employee may
voluntarily leave his contribution in the Fund for a period of five (5) years after leaving the
employ of the City pending the possibility of being rehired, and remaining employed for a
period of not less than three (3) years, without losing credit for the time of active
participation as a General Employee. If the General Employee does not remain employed
for a period of three (3) years upon reemployment within five (5) years, then the
accumulated contribution will be returned.
The years or fractional parts of ycat"s that a GeaertU Employee serves in the m:ilitMy
service of the .t..fffted Forccs of the Uflited States 61' the United States Merchant Mar..ne
,
voluntarily fir iflvoltlntftrily, t1fJon being granted letr..e by the City and separation from
cmplsymeftt as a GeReI'M Employee \\ith the City, shall be added te his yeat's sf credited
service provided that:
A
..t....
The GeReml Employee must return to his empW)"ment as a General
Employee 'lAth. the City v.itlHn one (1) yeat' from the date of his
military discha:rge.
B. The Geneml Employee deposits into the Fuml the stlflle sum that
l.{ember WOtlld fl.ty/e eoatributed if he had remtl:iRed a General
Employee, plus tlft amooflt of interest that substantially approximates
the amooftt efU'fled by the FuRd from the date of return to employment
to the date ef deposit.
C. The mtlXimum eredit for militai'y service shtlR be fi~..e (5) years.
D. The General Employee ..:as discharged uRder honorable conditions.
In the event that a Member of this System has also accumulated credited service in
another pension system maintained by the City, then such other credited service shall be used
in determining vesting as provided for in Section 8, and for determining eligibility for early
or normal retirement. Such other credited service will not be considered in determining
benefits under this System. Only his Credited Service and Salary under this System on or
after his date of membership in this System will be considered for benefit calculation. In
addition, any benefit calculation for a Member of this System who is or becomes eligible for
a benefit from this System after he has become a member of another pension system
maintained by the City, shall be based upon the Member' s Average Final Compensation,
Credited Service and benefit accrual rate as of the date the Member ceases to be a General
Employee.
Salary means the total compensation reportable on the General Employee's Member's
W -2 form plus all tax deferred or tax exempt items of income. Compensation in excess of
limitations set forth in Section 401 (a)(17) of the Code shall be disregarded. The limitation
2
on compensation for an "eligible employee" shall not be less than the amount which was
allowed to be taken into account hereunder as in effect on July 1. 1993. "Eligible employee"
is an individual who was a Member before the first plan year beginning after December 31.
122i..
SECTION 3. Section 15, Commencement of Benefits, of the City of Ocoee
Municipal General Employees' Retirement Trust Fund as adopted by the City Commission
of the City of Ocoee in Ordinance No. 91-08, is hereby deleted in its entirety.
SectioR 15. CO:M~fENCE~1ENT OF BENEFITS.
1. URless the 11embef othefvAse elects, ....ith such electioR being in Vlriting and
to the Tmstees aB<:l specifying the form of retiremeRt mcome and date OB ...vhich the
retiremeRt mcome is to commeRee, the paymeRt beoofits uooet" the Pltm to the Member shall
COffifl'lence ROt later tlHm the 60th day after the dose of the Pltm Year iB oNhich the latest of
the follo'Nmg eOleats occur:
A. The atttHr.meRt by the Aiembet" of age 65;
B. The 10th tm..riversa:ry of the date OB which the Member cOlllfl'lenced
participatioR iB the Pltm; or
C. The tertnintttiOB of the Aiember's service vlith the City.
2. If the paymeRt of a Afember' s retiremeRt mcome Ctlflftot begiB on the date reqt:li:red
under SubsectioR 1 of this SectioR because the Trustees either car.flot asccrttliB the amount
of the }.{ember's retiremeRt income or car.not k>cate the Member after makiBg reasofttlble
efforts to do so, the payment of the :Member's beRefit shaR begin not later tlHm sixty (60)
days after the date OR ...vmch the amooRt CM be ascerta:ined or the 1iember is Ioeated,
oNhieheyer is applieable. .^..ay such paymeRt shall be made l'etroactiye to a date which is Rot
Oaflief' tlHm the date OR which the paymeRt of the AIember's beRefit 'yvtlS scheduled to begin
but '.vhich is ROt later than the date specified uadet" SOOsectioB 1 of this Section.
3
SECTION 4. The City of Ocoee Municipal General Employees Retirement Trust
Fund as adopted in Ordinance No. 91-08, is hereby amended to add Section 25, Separation
from Employment for Military Service, to read as follows:
SECTION 25. SEPARATION FROM EMPLOYMENT FOR MILITARY
SERVICE.
The years or parts of a year that a Member serves in the military service of the
Armed Forces of the United States. the United States Merchant Marine or the United States
Coast Guard. voluntarily or involuntarily. after separation from employment as a General
Employee with the City to perform training or service. shall be added to his years of
Credited Service for all pUl:poses. including vesting. provided that:
A. The General Employee must return to his employment as a General Employee
within one (1) year from the earlier of the date of his military discharge or his
release from service.
H.... The General Employee deposits into the Fund the same sum that the Member
would have contributed if he had remained a General Employee during his
absence. The General Employee must deposit all missed contributions within
a period equal to three (3) times the period of military service. but not more
than five (5) years or he will forfeit the right to receive Credited Service for
his military service pursuant to this Section.
C. The maximum credit for military service pursuant to this section shall be five
(5) years.
D. In order to qualify for the purchase of Credited Service pursuant to this
Section. the General Employee must have been discharged or released from
service under honorable conditions. This section is intended to meet or exceed
the minimum requirements of the Uniformed Services Employment and
Reemployment Rights Act (USERRA). (p.L. 103-353). To the extent that this
4
section does not meet the minimum standards of USERRA. as it may be
amended from time to time. the minimum standards shall ap,ply.
SECTION 5. Repeal of Ordinances. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 6. Severability. In the event any section, subsection, paragraph,
sentence, clause, phrase or word of this ordinance shall be held invalid by a court of
competent jurisdiction, then such invalidity shall not effect the remaining portions hereof.
SECTION 7. Effective Date. This ordinance shall take effect on October 1, 1995.
PASSED AND ADOPTED this 5th day of September
APPROVED:
CITY OF OCOEE, FLO
,1995.
(SEAL)
ADVERTISED August 20 , 1995
READ FIRST TIMEAugust 15, 1995
READ SECOND TIME AND ADOPTED
September 5 , 1995
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
THIS day of , 1995.
By: /'
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON September 5 , 1995 UNDER
AGENDA ITEM NO. V A
msb'<lm\ooocc\\l-18-95g.<>Ri
5